Sections 2-21 of this bill enact the Nevada Youth Online Safety Act, which establishes specific provisions relating to the use of social media platforms by minors who reside in this State. Sections 4-11 define certain terms, and section 3 establishes the applicability of those definitions to the Act. Section 12 clarifies that the provisions of this bill do not apply to: (1) users of social media who reside outside of this State; or (2) social media platforms that do not offer services to users who are located in this State.
Section 13 requires a social media platform to establish an age verification system to determine whether a prospective user of the platform is a minor before allowing the prospective user to create an account. If the social media platform determines that a prospective user is a minor, section 13 requires the social media platform to use the age verification system to further determine whether the minor is less than 13 years of age. Section 14 prohibits a social media platform from allowing a minor whom the age verification system determines to be less than 13 years of age from using the platform.
Section 15 requires a social media platform to obtain affirmative consent from the verified parent or legal guardian of a minor who is at least 13 years of age before allowing the minor user to create an account or otherwise use the platform in most circumstances. However, section 16 authorizes a social media platform to authorize a minor who is at least 13 years of age to create an account if the social media platform verifies that the minor has been judicially emancipated. Section 15 requires a social media platform to allow a parent or legal guardian to revoke his or her consent at any time. Upon such a revocation, section 15 requires a social media platform to: (1) disable the account for which consent has been revoked; and (2) delete all personal information related to or created in connection with the account. Section 13 requires a social media platform to establish a process by which a prospective user may appeal a determination of age made using the age verification system.
Section 17 requires the Department of Health and Human Services to adopt regulations establishing recommended practices relating to: (1) age verification systems; and (2) obtaining the consent of a parent or legal guardian for a minor to use a social media platform. Section 17 provides that a social media platform that adheres to those recommendations is deemed to be in compliance with section 13 or 15, as applicable. Section 22 of this bill: (1) requires a social media platform to verify the age of each person who is a user of the platform on October 1, 2025; and (2) establishes a process for the social media platform to come into compliance with the requirements of sections 13-16 with respect to such users.
Section 18 prohibits a social media platform from using the personal information of a minor user in an algorithmic recommendation system. Section 19 requires a social media platform to disable the following features on the account of a minor user: (1) infinite scrolling; (2) the display of metrics, icons or emoticons which indicate certain interaction with the minor's content; (3) auto-play video; and (4) livestreaming. Section 20 prohibits, with certain exceptions, a social media platform from sending notifications to a minor user during certain times of the day, which are typically reserved for sleep or for school. Section 20 also requires a social media platform to provide a mechanism by which a verified parent or legal guardian may prevent a minor user from accessing or receiving such notifications between specific hours chosen by the parent or legal guardian.
Existing law provides that a variety of actions constitute deceptive trade practices. (NRS 100.180, 111.2397, 118A.275, 202.24935, 205.377, 226.600, 228.620, 370.695, 597.7642, 597.818, 597.997, 603.170, 603A.260, 603A.550, 604B.910, 676A.770; chapter 598 of NRS) Existing law authorizes a court or the Director of the Department of Business and Industry to impose a civil penalty of not more than $25,000 for each violation upon a person who has engaged in a deceptive trade practice directed toward a minor. (NRS 598.09735) In addition, existing law provides that when the Commissioner of Consumer Affairs or the Director has cause to believe that a person has engaged or is engaging in any deceptive trade practice, the Commissioner or Director may request that the Attorney General represent him or her in instituting an appropriate legal proceeding, including an application for an injunction or temporary restraining order. (NRS 598.0979) Existing law requires a person who violates a court order or injunction resulting from a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General to pay a civil penalty of not more than $10,000 for each violation. Furthermore, if a court finds that a person has willfully engaged in a deceptive trade practice, the person who committed the violation: (1) may be required to pay an additional civil penalty not more than $15,000 for each violation; and (2) is guilty of a felony or misdemeanor, depending on the value of the property or services lost as a result of the deceptive trade practice. (NRS 598.0999) Section 21 makes a violation of the provisions of this bill a deceptive trade practice.